P. v. Gonzalez
Defendant Jeremias Zabala Gonzalez appeals from his conviction of a forcible lewd act (Pen. Code,[1] § 288, subd. (b)(1), count 1); aggravated sexual assault (§ 269, subd. (a)(1), § 261, subd. (a)(2), counts 2 through 6); and unlawful sexual intercourse with a child 10 years or younger (§ 288.7, subd. (a), counts 7 through 11). Defendant contends: (1) his convictions of violating section 288.7 must be reversed because the jury was not required to find that the acts occurred before the effective date of that statute; (2) the victim’s “generic testimony†was insufficient to support the verdict on some of his convictions; (3) the term “10 years of age or younger,†as used in section 288.7, subdivision (b) means the statute does not cover a child after her 10th birthday; and (4) his sentence for count 1 must be stayed under section 654. We conclude defendant’s sentence for count 1 must be stayed under section 654 and his convictions of four counts under section 288.7 must be reversed and the matter remanded for resentencing.
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